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Self -executing treaties - Essay Example

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The implementation of these treaties in the jurisdiction of each country, however, is a complicated matter. Some nations have adopted a more open approach to…
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Download file to see previous pages In an effort to assess how international laws and treaties are applied by nation-states, this paper shall discuss the application of self-executing treaties and the position of treaties recovering provisional application. The views of different authors, courts, and international tribunals shall be used to critically assess the implementation of the dualist and the monist approach to treaties.
As part of the international community, states are obliged to follow and respect the provisions and mandates of international laws. These laws help keep the peace between nations and help secure and protect the sovereignty of the different nations of the world. Treaties form part of our international laws. Through the Vienna Convention on the Law of Treaties, the principle of pacta sunt servanda finds application. Nations are free to apply these treaties in any way they see fit. They may apply the dualist approach or the monist approach in order to seek the application of the treaties in their territory. Whatever approach to implementation they choose, these nations have international obligations to fulfill, and their failure to comply cannot be excused using domestic laws as a scapegoat. International responsibilities cannot be ignored because states are risking their economic and political position in the international community (Council of Europe, p. 16).
In some countries which follow a dualist approach to treaties, these treaties cannot, as a general rule, be applied by municipal courts until they have been transformed into municipal law by legislative action. However, in the case of self-executing treaties, this rule must be qualified. Treaties are normally endorsed by states and are considered the most common and trusted sources of international law. The Vienna Convention on the Law of Treaties in 1969 was passed in order regulate the enactment of treaties between state parties as well as organizations. According ...Download file to see next pagesRead More
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